On 27 January 1969, the Federal Republic of Germany (FRG–West Germany) filed an action in the United States against Edward I. Elicofon for the return of two painting completed around 1499 by the famed German artist Albrecht Duerer. The FRG alleged that the paintings were stolen in 1945 when American forces withdrew from the territory of Weimar. The paintings were being stored in Schwartzburg Castle for safekeeping, though they formed part of a larger collection housed in the Kunstsammlungen zu Weimar (Weimar Art Collection). The FRG claimed that the paintings belonged to the German people and that the FRG was the only government that could “properly represent the German people in an American court” as the German Democratic Republic (GDR–East Germany) was not recognized then by the American government.
On 25 March 1969, the Grand Duchess of Saxony-Weimar was granted leave to intervene “based on a claim that the Duerer masterpieces [were] part of the collection of the Grand Duke of Saxony-Weimar since 1824 and that title to the paintings [rested] in her through an assignment from the Grand-Duke”.
On 14 April 1969, the Kunstsammlungen zu Weimar (KZW) moved to intervene; however, on 26 September 1972, the United States District Court for the Eastern District of New York barred the KZW from the suit ruling that the KZW “was an arm and agency of the German Democratic Republic”. This decision was vacated in 1974 after the United States formally recognized the GDR, and the KZW was granted leave to intervene in the suit. The FRG formally withdrew from the suit in 1975 after the admission of the KZW.
On 24 August 1978, the Grand Duchess of Saxony-Weimar’s claims were dismissed. The only parties that remained at the time were the KZW and the defendant, Elicofon. Elicofon claimed that he purchased the paintings in 1946 for $450 (USD) from “a young American ex-serviceman”. Elicofon hung the paintings in his Brooklyn apartment. In 1966, a friend of Elicofon brought his attention to that fact that the paintings were included in a pamphlet listing stolen works of art. At this point, Elicofon “made public his possession” of the paintings. Elicofon maintained that he purchased the paintings in good faith. Further advancing the original argument put forth by the FRG, the KZW alleged that the paintings were stolen sometime between 12 June and 19 July 1945 from a storeroom in Schwartzburg Castle. Dr. Walter Scheidig, the director of the KZW from 1940-1967, last saw the paintings in the storeroom on 12 June 1945; however, when he returned on 19 July of that same year they were gone. He maintained that the paintings were stolen by American forces who were stationed at Schwartzburg and withdrew in early July after being replaced by the Soviet Army. The KZW argued that because the paintings were stolen, “Elicofon bought the paintings from one who was incapable of conveying title”. On 15 June 1981, the United States District Court for the Eastern District of New York granted summary judgement in favour of the KZW and Elicofon was ordered to return the two Duerer paintings to the KZW.
Both the Grand Duchess of Saxony-Weimar and Elicofon appealed these decisions. On 5 May 1982, the United States Court of Appeals for the Second Circuit affirmed the District Court decisions and held that the KZW was entitled to possession of the Duerer paintings.
GermanyAfter the Federal Republic of Germany filed an action against Edward I. Elicofon regarding the possession of two Duerer paintings and the subsequent granting of leave to intervene to the Grand Duchess of Saxony-Weimar, the KZW was barred from intervening. On 25 September 1972, the United States District Court for the Eastern District of New York determined that the KZW performed “a governmental function as an arm and agency of the GDR” – at the time, the United States did not recognize the GDR as a state.
The KZW appealed the District Court decision. On 25 April 1973, the United States Court of Appeals for the Second Circuit upheld the District Court decision barring the KZW from intervening in the suit. The KZW had put forth the argument that it was “an arm of the government of the Union of Soviet Socialist Republics [rather than the GDR] and therefore an agency of a recognized government previously granted litigant status”. The Court of Appeals found no merit in this argument. This decision was vacated after the U.S. recognized the GDR in 1974, therefore allowing the KZW to proceed as an intervenor. The FRG withdrew from the suit due to the inclusion of the GDR.
In 1978, the KZW moved for summary judgement to dismiss the intervenor complaint and cross-complaints of the Grand Duchess of Saxony-Weimar. The KZW claimed that there was “no genuine issue as to any material fact” with regard to the Grand Duchess’ complaint and counter-claims. On 24 August 1978, the United States District Court for the Eastern District of New York granted the KZW’s motion to dismiss, effectively removing the Grand Duchess from the suit.
The KZW and Elicofon were left as the only two remaining parties in the suit. Both parties submitted motions for summary judgement. On 15 June 1981, the United States District Court for the Eastern District of New York granted summary judgement in favour of the KSW, ordering Elicofon to deliver the Duerer paintings to the KZW.
In 1982, Elicofon appealed the district court decision, while the Grand Duchess appealed the decision dismissing her from the suit. On 5 May 1982, the United States Court of Appeals for the Second Circuit upheld the district court decisions, affirming that possession of the Duerer paintings lay with the KZW.
US District Court for the Eastern District of New York; United States Court of Appeals for the Second Circuit
